State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

295T0741   SENATE JUDICIARY ENGROSSED    NO.  SB 156 -  2/2/2012  

Introduced by:    Senators Tieszen, Cutler, Holien, and Rave and Representatives Lust, Cronin, Gibson, Hoffman, Moser, Sly, Turbiville, and Wick
 

        FOR AN ACT ENTITLED, An Act to establish strangulation as one element of the crime of aggravated assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 22-18-1.1 be amended to read as follows:
    22-18-1.1. Any person who:
            (1)    Attempts to cause serious bodily injury to another, or causes such injury, under circumstances manifesting extreme indifference to the value of human life;
            (2)    Attempts to cause, or knowingly causes, bodily injury to another with a dangerous weapon;
            (3)    Deleted by SL 2005, ch 120, § 2;
            (4)    Assaults another with intent to commit bodily injury which results in serious bodily injury;
            (5)    Attempts by physical menace with a deadly weapon to put another in fear of imminent serious bodily harm; or
            (6)    Deleted by SL 2005, ch 120, § 2;
            (7)    Intentionally or recklessly causes serious bodily injury to an infant, less than three years old, by causing any intracranial or intraocular bleeding, or swelling of or damage to the brain, whether caused by blows, shaking, or causing the infant's head to impact with an object or surface; or
            (8)    Attempts to induce a fear of death or imminent serious bodily harm by impeding the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck, or by blocking the nose and mouth;
is guilty of aggravated assault. Aggravated assault is a Class 3 felony. However, a violation of subdivision (7) is a Class 2 felony. A second or subsequent violation of subdivision (7) is a Class 1 felony.